What’s Your Preference?

SusanH1970 · #1 (**permalink**) 11-10-2009, 07:05 PM

Looking at my Flickr stats the other day, I saw a strange referral from someone's blog. I checked it out, and sure enough, someone with a blog about horse shows had stolen every photo from my horse show set and used them in a slide show. Luckily someone had clicked one of the images, or I never would have known, most likely.

I emailed her and.....nothing. So today, I posted on her blog, saying I noticed she had used my copyrighted photos without prior permission...blah blah blah, and I deleted them from Flickr, so they no longer show up on her blog. I also said if she'd like to repost the images, she could simply pay for them. Then I emailed her an invoice.

I'm so dying to hear her response to the invoice and blog comment, considering she ignored my original email.

Gotta love people who have no problems with stealing your work for their own self-promotion.

A-Lyn20 · #2 (**permalink**) 11-10-2009, 07:10 PM

You tell her! Can't wait to hear what her response is.

Jim Poor · #3 (**permalink**) 11-10-2009, 07:15 PM

First, how about a link?

Next, did you get screen shots?
You should send her a bill for the past usage plus penalties. Rather than an invoice that would allow her to use the photos in the future.

vandergus · #4 (**permalink**) 11-10-2009, 07:19 PM

I don't know exactly how she was using your pictures, but under US copyright law, there are circumstances under which someone can use copyrighted material without needing permission of the copyright holder.

Quote:

...for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

So, if for example, she were critiquing the artistic qualities of your photograph, she could use it without your permission. Just posting a slideshow because your pictures are pretty, however, probably wouldn't fall under fair use.

Just so's ya know.

SusanH1970 · #5 (**permalink**) 11-10-2009, 07:19 PM

Quote:

Originally Posted by Jim Poor

First, how about a link?

Next, did you get screen shots?
You should send her a bill for the past usage plus penalties. Rather than an invoice that would allow her to use the photos in the future.

I've already deleted the photos from Flickr, so they no longer show up on her blog, Jim. Good point, though. I'm going to ride this one out (no pun intended) and just see what she has to say for herself.

Dammit, I should have gotten screen shots!!!

The photos only appeared on her blog for a couple of days and she's got all of about a dozen followers, so I highly doubt a huge number of people have seen it. Live and learn - I'll keep your advice in mind if this happens again in the future.

SusanH1970 · #6 (**permalink**) 11-10-2009, 07:21 PM

Quote:

Originally Posted by vandergus

I don't know exactly how she was using your pictures, but under US copyright law, there are circumstances under which someone can use copyrighted material without needing permission of the copyright holder.

So, if for example, she were critiquing the artistic qualities of your photograph, she could use it without your permission. Just posting a slideshow because your pictures are pretty, however, probably wouldn't fall under fair use.

Just so's ya know.

That I knew - her blog is about horse shows, and she posted my photos under a slideshow entitled "Random Horse Shows" with no comments about them. She was just using them to pretty up her blog.

Nicole · #7 (**permalink**) 11-10-2009, 07:23 PM

Instead of deleting your shots from Flickr there's a few things you can do to thwart when people use your photos without permission (but actually follow Flickr's TOS

).

First, if you rotate your photo and then rotate it back it breaks the links to it. Second, if you make the photo private it also breaks the links to it (you can change it back to public or not, but changing the privacy again will break any links you made to it while it was private).

Obviously, like I said, those only work if the person is otherwise complying with the Flickr TOS because it relies on the links, but, in some cases it might be a preferable option for the photographer if they don't want to take the images off their site.

VegasMike · #8 (**permalink**) 11-10-2009, 07:24 PM

Susan that is so messed up! For someone to use anyone's photos is just wrong in so many ways. I don't make a living with my photos (not quite good enough) but even though I would be totally upset if someone used my photos without my permission. You go get 'em girl!

Mike

SusanH1970 · #9 (**permalink**) 11-10-2009, 07:25 PM

Thanks, Nicole. It really irked me that I had to delete them from my Flickr (especially because I'd posted them here in SYS). Maybe I'll re-upload them and try your suggestions. Thanks so much!!!